The Supreme Court on Monday clarified that State governments are empowered to close investigations or withdraw criminal cases registered against students who participated in recent protests, provided such decisions are taken strictly in accordance with the procedure established by law.
A Bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V Mohana issued the clarification while hearing a batch of petitions arising out of allegations of police excesses during student demonstrations over examination-related issues.
The Bench also explained the meaning of the expression “criminal antecedents” used in its earlier interim order, under which it had directed that no coercive action be taken against student protesters lacking such antecedents. The Court clarified that the term should be understood to refer only to persons involved in grave and heinous offences, and not to those facing minor or ordinary criminal cases.
The clarification came after apprehensions were expressed that the earlier direction could be interpreted too broadly, resulting in students facing insignificant or protest-related cases being denied the benefit of interim protection.
Emphasising the objective of its previous order, the Court said the intention was to protect bona fide student protesters while ensuring that individuals accused of serious crimes do not misuse the relief granted by the Court.
The Bench further made it clear that criminal cases against students cannot be withdrawn mechanically. It observed that State governments are free to exercise their statutory powers to withdraw prosecutions or close FIRs, but only after complying with the legal framework governing such decisions.
The clarification builds upon the Court’s earlier interim directions, which included ordering the release of detained minors, restraining coercive action against eligible student protesters, directing the preservation of CCTV footage, body-camera recordings and other electronic evidence, and prohibiting the disclosure of protesters’ personal information. The Court had also stressed the need for an impartial inquiry into allegations of police excesses while simultaneously recognising that attacks on police personnel during the protests must also be investigated.
The matter is still pending before the Supreme Court, which continues to oversee issues arising from the protests and the action taken by authorities in different States.
The post Jantar Mantar protests: Supreme Court says states can withdraw FIRs against protesting students appeared first on India Legal.